Add Art 246 §§246.00 - 246.40, Pen L; amd §§30.10, 510.10, 530.20 & 530.40, CP L; amd §168-a, Cor L
Prohibits disseminating, publishing, distributing, or accessing certain sexually explicit depictions of individuals or children; establishes affirmative defense of consent; prohibits consent to such depictions by anyone under eighteen years of age; makes such crimes eligible for bail; includes certain crimes as sex offenses.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7519A
SPONSOR: Sillitti TITLE OF BILL:
An act to amend the penal law, the criminal procedure law and the
correction law, in relation to establishing offenses involving sexually
explicit digital alterations
PURPOSE OR GENERAL IDEA OF BILL:
Establishes the crimes of unlawful publication of a sexually explicit
depiction of an individual, unlawful dissemination of a sexually explic-
it depiction of an individual, unlawful distribution of a sexually
explicit depiction of a child, and unlawful access of a sexually explic-
it depiction of a child. The proposal addresses the threat of digitized
sexually explicit material that is created and shared to circumvent
child pornography laws and more generally used to harm the depicted
individuals.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill contains the short title. This act shall be
known as the "digital alternations protections act".
Section two defines the terms used in the article for the crimes of
unlawful publication of a sexually explicit depiction of an individual,
unlawful dissemination of a sexually explicit depiction of an individ-
ual, unlawful distribution of a sexually explicit depiction of a child,
and unlawful access of a sexually explicit depiction of a child. This
section incorporates by reference the terms "disseminate" and "publish"
as they are used in Penal Law § 245.15 (unlawful dissemination or publi-
cation of an intimate image), and "sexual conduct" as it is used in
Penal Law Article 263
(promotion and possession of a sexual performance of a child). The
section also defines an identifiable person, an individual, a depicted
individual, digitization, sexually explicit material, and a sexually
explicit depiction. This section creates the crimes of unlawful publica-
tion of a sexually explicit depiction of an individual and unlawful
dissemination of a sexually explicit depiction of an individual. A
person is guilty of the unlawful publication of a sexually explicit
depiction of an individual when, with the intent to sexually gratify
that person or another person or with the intent to cause harm to the
reputation or emotional, financial or physical welfare of another
person, he or she publishes sexually explicit material that includes the
depicted individual, and he or she knows or reasonably should have known
that the depicted individual did not consent to its creation or its
publication. Unlawful publication of a sexually explicit depiction of an
individual is a class A misdemeanor. Unlawful dissemination of a sexual-
ly explicit depiction of an individual, which is a class B misdemeanor,
requires the intent to cause harm to the reputation or emotional, finan-
cial, or physical welfare of another person and occurs when a person
disseminates sexually explicit material that includes a depicted indi-
vidual that he or she knows or reasonably should know did not consent to
its creation or dissemination. This section of the bill also creates the
crime of unlawful distribution of a sexually explicit depiction of a
child in the first degree. A person commits this crime when the person,
knowing the character and content thereof, creates and either dissem-
inates or publishes sexually explicit
material that includes the depicted individual and that individual is
less than seventeen years old. Unlawful distribution of a sexually
explicit depiction of a child in the first degree is a class D felony.
The section imposes strict liability on the creator of a sexually
explicit depiction because that person created and shared the depiction.
This section of the bill also creates the crime of unlawful distribution
of a sexually explicit depiction of a child in the second degree. A
person commits this crime when the person, knowing the character and
content thereof, disseminates or publishes sexually explicit material
that includes the depicted individual, and knows or reasonably should
have known that the depicted individual is less than seventeen years of
age. Unlawful distribution of a sexually explicit depiction of a child
in the second degree is a class E felony. This section of the bill also
creates the crime of unlawful access of a sexually explicit depiction of
a child. A person is guilty of this crime when he or she, knowing the
character and content thereof, knowingly accesses, with intent to sexu-
ally gratify a person and with intent to view, any sexually explicit
material that includes sexual conduct by a child less
than sixteen years of age. Unlawful access of a sexually explicit
depiction of a child is a class E felony. Additionally, this section
forecloses the use of a disclaimer to circumvent the publication and
dissemination of sexually explicit depictions of an individual and
establishes an affirmative defense to unlawful publication and dissem-
ination of a sexually explicit depiction of individual where a person
over the age of eighteen provides written consent to the creation of the
sexually explicit material. The section permits the individual to
rescind consent upon written notice to the person in whose favor consent
was granted. Further, this section prohibits anyone under the age of
eighteen from providing consent, and states that any purported consent
from an individual who is less than eighteen years old is void and
invalid and carves out some exceptions for reporting unlawful conduct,
creation of the materials for law enforcement purposes, and the creation
of sexually explicit depictions for a legitimate public purpose. This
section provides that nothing in the article should be construed to
limit or enlarge protections provided by 47 U.S.C. § 230 or interfere
with any rights established by Civil Rights Law § 52-c.
Sections three and four establishes the statute of limitation for the
article and amends C.P.L.§ 30.10(3)(f) to include some of the enumerated
crimes.
Sections five, six and seven make corresponding changes to the criminal
procedure law by specifying that the new felony level offenses are qual-
ified offenses for purposes of securing, orders.
Section eight and nine makes corresponding changes to the corrections
law by specifying that the new crimes against children are qualifying
offenses for purposes of the sex offender regis
Section ten is the severability clause.
Section eleven provides the effective date.
JUSTIFICATION:
The state has a compelling interest in safeguarding the physical,
psychological, and reputational well-being of its minors. To that end,
Article 263 was enacted to prohibit the possession and distribution of
child pornography. The law was later amended to close a loophole that
allowed for the viewing, but not downloading, of child pornography on a
computer. With the advent of newer technology, child pornographers are
able to circumvent existing laws by taking the identifiable heads and
body parts of children and digitally placing them onto the bodies of
adults engaging in sexual conduct, creating both still images and video
images. Indeed, bad actors can use newer artificial intelligence appli-
cations to create incredibly detailed images and videos that are indis-
tinguishable from real life. In popular parlance, these digitally
manipulated images are known as morphed images or, increasingly, as
deepfaked images. These digitally manipulated images give rise to the
same reputational harm caused by conventional forms of child pornogra-
phy, but they are not criminally prohibited in New York. In 2003,
Congress, recognizing the burgeoning problem, modified federal law to
include such altered images in its definition of child pornography. I n
2019 Virginia added deepfaked images to its statute that criminalizes
the unlawful dissemination or sale of images of another person. New York
has yet to close this loophole.
Created using artificial intelligence-assisted technology, deepfaked
images are digital images or video recordings convincingly altered and
manipulated to misrepresent individuals as saying or doing something
that they had not actually said or done. Because the images appear genu-
ine, they can sully reputations, destroy educational and employment
opportunities, ruin personal relationships, and invite unwanted requests
for sexual services. Deepfaked child pornography is especially perni-
cious. The images often combine an innocent photograph of a child,
pulled by a pedophile from a parent's social media or blog, with a sexu-
al or nude picture of an adult, creating a realistic depiction that can,
once circulated, cause lasting harm. There is, moreover, no limit to
the number of deepfaked child images that a pornographer can generate.
In one recent case (United States v. Mecham, 950 F.3d 267
Sh Cir.
2020), a Texas man was convicted of possessing 31,562 images and 1,741
videos of child pornography, all of them "morphed" to include the faces
of the man's grandchildren, ranging in age from four-to sixteen-years-
old. One of the videos showed his granddaughter's face on an adult
female having sex, and the defendant superimposed his face on the male
in the video. Victims may understandably become traumatized when they
discover that cherished childhood memories have been transformed into
child pornography.
Tragically, pedophiles who traffic in deepfaked imagery are able to do
so in the absence of appropriate laws. While federal courts have upheld
child pornography convictions based on the federal statute, state
appeals courts have dismissed prosecutions in Florida, California, and
New Hampshire because their laws do not extend to images that graft
children's faces onto images of adult sex acts. The Florida court was
clear in its reasoning. Its statute, which is similar to New York's,
"requires that the depicted sexual conduct be that of a child." Parker
v. State, 81 So.3d 451,452 (Fla. Dist. Ct. App. 2011). Nor is a techno-
logical solution imminent. In what some liken to a game of whack-a-
mole, the research community is developing improved methods of face
manipulation detection as powerful synthetic face generators produce
even more realistic images. C. Rathgeb et al. (eds.), Handbook of
Digital Face Manipulation and Detection, Advances in Computer Vision and
Pattern Recognition (2022).
Deepfaked images are being weaponized against the innocent and unsus-
pecting and are increasingly commonplace. Countless still images have
been digitally manipulated, many for legitimate purposes but others for
nefarious reasons. Deeptrace Technologies, a cybersecurity company,
reported in 2019 that the number of deepfake videos is growing rapidly
online, doubling in just seven months to 14,678, of which ninety-six
percent were non-consensual pornography. According to the company, the
four most popular deepfake websites had by then attracted more than 134
million video views. Henry Ajder, et al., Deeptrace, The State of Deep-
fakes, Landscape, Threats, And Impact, September 2019. With technolog-
ical advancements, morphed and deepfaked imagery has become almost
indistinguishable from actual images, and lay observers are unable to
determine what is real and what is doctored.
Recently, approximately thirteen women alerted Nassau County police in
2021 that they had discovered images of themselves on a pornographic
website. The women reported that dozens of images, taken when they were
in middle school and high school, had been reported on the website from
their own social media platforms and altered to depict them as engaging
in sexual conduct. These new digitally manipulated images depict minors
engaging in sexual conduct. For many of the women, their faces had been
superimposed on separate images of others engaged in sexual conduct. The
posted images were accompanied by the women's actual names, addresses,
and telephone numbers. One victim was as young as twelve years old in
the original photographs that had been altered. As a result of their
images being posted, some of these women had been subjected to unwanted
requests for sexual services.
Nassau County police thereafter charged a local man with posting the
images and a grand jury indicted him for crimes including stalking,
aggravated harassment, and promoting child pornography, relating to his
alleged dissemination of an unaltered image of an actual child. Many of
the thirteen women had attended middle school and high school with the
man accused of creating digitally altered images, and he allegedly
targeted these women because of perceived slights he suffered. But
prosecutors could not charge the man with publishing and distributing
the bogus images of the women because New York law, unlike federal law,
does not clearly apply to such images. This bill would close the gap and
criminalize the distribution or access of digitally manipulated child
pornography as well as punish the unlawful publication and dissemination
of such sexual images of any person.
In 2021, New York created a civil private right of action over the
"unlawful dissemination or publication of a sexually explicit depiction
of an individual." Civ. Rights Law § 52-c, Criminalization of this
conduct is necessary because the threat of civil litigation does not
necessarily deter those who create and disseminate such images. Further-
more, a civil case is emotionally exhausting and prohibitively expensive
for victims and may take years before going to trial. Moreover, the
websites that distribute such imagery receive broad immunity for civil
liability under federal law through the Communications Decency Act.
Criminalizing the creation and dissemination of deepfaked images may
deter those who use increasingly available technology to create and
distribute images that victimize innocent women and children.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall become a
law.
STATE OF NEW YORK
________________________________________________________________________
7519--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. SILLITTI, McDONALD, BRONSON, CONRAD, DICKENS,
ARDILA -- read once and referred to the Committee on Codes -- recom-
mitted to the Committee on Codes in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the penal law, the criminal procedure law and the
correction law, in relation to establishing offenses involving sexual-
ly explicit digital alterations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "digital alterations protections act".
3 § 2. The penal law is amended by adding a new article 246 to read as
4 follows:
5 ARTICLE 246
6 OFFENSES INVOLVING SEXUALLY EXPLICIT DIGITAL ALTERATIONS
7 Section 246.00 Definitions.
8 246.05 Unlawful dissemination of a sexually explicit depiction
9 of an individual.
10 246.10 Unlawful publication of a sexually explicit depiction of
11 an individual.
12 246.15 Unlawful access of a sexually explicit depiction of a
13 child.
14 246.20 Unlawful distribution of a sexually explicit depiction of
15 a child in the second degree.
16 246.25 Unlawful distribution of a sexually explicit depiction of
17 a child in the first degree.
18 246.30 Affirmative defense.
19 246.35 Consent.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11051-03-4
A. 7519--A 2
1 246.40 Application of article.
2 § 246.00 Definitions.
3 As used in this article, the following definitions shall apply:
4 1. "Disseminate" and "publish" shall have the same meanings as such
5 terms are defined in section 250.40 of this title.
6 2. "Create" means to design, develop, devise, generate, issue, make,
7 manufacture, produce, or transmute.
8 3. "Sexually explicit depiction" means any work created through sexu-
9 ally explicit digitization, including still and audio visual.
10 4. "Sexually explicit digitization" means to realistically depict
11 either: (a) the nude body parts of another human being as the nude body
12 parts of the depicted individual or computer-generated nude body parts
13 as the nude body parts of the depicted individual; or (b) the depicted
14 individual engaging in sexual conduct, as defined by subdivision three
15 of section 263.00 of this part, or sexual contact, as defined by subdi-
16 vision three of section 130.00 of this part, in which the depicted indi-
17 vidual did not engage.
18 5. "Audio visual" means any film, motion picture, audio and/or visual
19 recording, digital image, computer image or computer-generated image.
20 6. "Sexually explicit material" means any portion of a sexually
21 explicit depiction that shows the depicted individual performing, or
22 appearing to perform, in the nude, meaning with an unclothed or exposed
23 intimate part, as defined in section 245.15 of this title, or performing
24 in, appearing to perform in, or being subjected to, sexual conduct, as
25 defined by subdivision three of section 263.00 of this part, or sexual
26 contact, as defined by subdivision three of section 130.00 of this part.
27 7. "Depicted individual" means an identifiable person who appears, as
28 a result of sexually explicit digitization, to be giving a performance
29 that the identifiable person did not actually perform or that was actu-
30 ally performed by the identifiable person but was subsequently altered
31 to be in violation of this article.
32 8. "Identifiable person" means an individual whose image is or would
33 be clearly identifiable as a specific person by any individual. "Iden-
34 tifiable person" shall not be construed to require proof of the actual
35 identity of the individual.
36 9. "Individual" means a natural, human being.
37 § 246.05 Unlawful dissemination of a sexually explicit depiction of an
38 individual.
39 A person is guilty of unlawful dissemination of a sexually explicit
40 depiction of an individual when the person, with the intent to cause
41 harm to the reputation or emotional, financial, or physical welfare of
42 another person, disseminates sexually explicit material that includes
43 the depicted individual, and he or she knows or reasonably should have
44 known the depicted individual did not consent to its creation or its
45 dissemination.
46 Unlawful dissemination of a sexually explicit depiction of an individ-
47 ual is a class B misdemeanor.
48 § 246.10 Unlawful publication of a sexually explicit depiction of an
49 individual.
50 A person is guilty of unlawful publication of a sexually explicit
51 depiction of an individual when the person, with the intent to sexually
52 gratify that person or another person or with the intent to cause harm
53 to the reputation or emotional, financial, or physical welfare of anoth-
54 er person, publishes sexually explicit material that includes the
55 depicted individual, and he or she knows or reasonably should have known
A. 7519--A 3
1 the depicted individual did not consent to its creation or its publica-
2 tion.
3 Unlawful publication of a sexually explicit depiction of an individual
4 is a class A misdemeanor.
5 § 246.15 Unlawful access of a sexually explicit depiction of a child.
6 A person is guilty of unlawful access of a sexually explicit depiction
7 of a child when the person, knowing the character and content thereof,
8 knowingly accesses with intent to sexually gratify a person and to view
9 any sexually explicit depiction that includes sexual conduct by a child
10 less than seventeen years of age.
11 Unlawful access of a sexually explicit depiction of a child is a class
12 A misdemeanor.
13 § 246.20 Unlawful distribution of a sexually explicit depiction of a
14 child in the second degree.
15 A person is guilty of unlawful distribution of a sexually explicit
16 depiction of a child in the second degree when the person, knowing the
17 character and content thereof, disseminates or publishes sexually
18 explicit material that includes a depicted individual, and he or she
19 knows or reasonably should have known that the depicted individual is
20 less than seventeen years of age.
21 Unlawful distribution of a sexually explicit depiction of a child in
22 the second degree is a class E felony.
23 § 246.25 Unlawful distribution of a sexually explicit depiction of a
24 child in the first degree.
25 A person is guilty of unlawful distribution of a sexually explicit
26 depiction of a child in the first degree when the person, knowing the
27 character and content thereof, creates and either disseminates or
28 publishes sexually explicit material that includes a depicted individ-
29 ual, and the depicted individual is less than seventeen years of age.
30 Unlawful distribution of a sexually explicit depiction of a child in
31 the first degree is a class D felony.
32 § 246.30 Affirmative defense.
33 1. It shall be an affirmative defense to unlawful publication of a
34 sexually explicit depiction of an individual and unlawful dissemination
35 of a sexually explicit depiction of an individual that a depicted indi-
36 vidual who is eighteen years of age or older consented to the creation
37 and either the dissemination or publication of the sexually explicit
38 depiction.
39 (a) A depicted individual who is eighteen years of age or older may
40 consent to the creation, dissemination, or publication of sexually
41 explicit material only by knowingly and voluntarily signing an agreement
42 written in plain language that includes a general description of the
43 sexually explicit material, the sexually explicit depiction in which it
44 will be incorporated, and the nature of the depicted individual's
45 consent.
46 (b) A depicted individual may rescind consent by delivering written
47 notice within three business days from the date consent was given to the
48 person in whose favor consent was made, or longer if an agreement so
49 stipulates.
50 2. It shall not be a defense under this article that:
51 (a) there is a disclaimer included in the sexually explicit depiction
52 that communicates that the inclusion of the depicted individual was
53 unauthorized, that the depicted individual did not participate in the
54 creation or development of the sexually explicit depiction, or that the
55 sexually explicit depiction has been altered through digitization; or
A. 7519--A 4
1 (b) the features of the depicted individual have been or are altered
2 prior to or after the creation or distribution of the sexually explicit
3 depiction, provided that the depicted individual remains an identifiable
4 person.
5 § 246.35 Consent.
6 A person under eighteen years of age shall be incapable of consent for
7 the purposes of this article. No adult can consent on behalf of a person
8 under eighteen years of age.
9 § 246.40 Application of article.
10 1. This article shall not apply to the following:
11 (a) the reporting of unlawful conduct;
12 (b) the creation, dissemination, or publication of a sexually explicit
13 rendition of a depicted individual made during lawful and common prac-
14 tices of law enforcement, legal proceedings, or medical treatment;
15 (c) the creation, dissemination, or publication of a sexually explicit
16 depiction made for a legitimate public purpose, including for political
17 or newsworthy value or similar work, commentary, criticism, or disclo-
18 sure that is otherwise protected by the constitution of this state or of
19 the United States, provided that sexually explicit material shall not be
20 considered of newsworthy value solely because the depicted individual is
21 a public figure.
22 (d) the creation, dissemination, or publication of a sexually explicit
23 depiction that does not include sexually explicit material.
24 2. (a) Nothing in this article shall be construed to limit, or to
25 enlarge, the protections that 47 U.S.C. § 230 confers on an interactive
26 computer service for content provided by another information content
27 provider, as such terms are defined in 47 U.S.C. § 230.
28 (b) Nothing in this article shall be deemed to interfere with or
29 prohibit any rights established by section fifty-two-c of the civil
30 rights law, as added by chapter three hundred four of the laws of two
31 thousand twenty.
32 § 3. Subdivision 2 of section 30.10 of the criminal procedure law is
33 amended by adding a new paragraph (a-3) to read as follows:
34 (a-3) A prosecution for unlawful distribution of a sexually explicit
35 depiction of a child must be commenced within five years after the peri-
36 od set forth in paragraph (f) of subdivision three of this section;
37 § 4. Paragraph (f) of subdivision 3 of section 30.10 of the criminal
38 procedure law, as amended by chapter 11 of the laws of 2019, is amended
39 to read as follows:
40 (f) For purposes of a prosecution involving a sexual offense as
41 defined in article one hundred thirty of the penal law, other than a
42 sexual offense delineated in paragraph (a) of subdivision two of this
43 section, committed against a child less than eighteen years of age,
44 incest in the first, second or third degree as defined in sections
45 255.27, 255.26 and 255.25 of the penal law committed against a child
46 less than eighteen years of age, [or] use of a child in a sexual
47 performance as defined in section 263.05 of the penal law, unlawful
48 publication of a sexually explicit depiction of an individual as defined
49 in section 246.10 of the penal law, unlawful dissemination of a sexually
50 explicit depiction of an individual as defined in section 246.05 of the
51 penal law, or unlawful distribution of a sexually explicit depiction of
52 a child in the first degree or second degree as defined in sections
53 246.25 and 246.20 of the penal law, the period of limitation shall not
54 begin to run until the child has reached the age of twenty-three or the
55 offense is reported to a law enforcement agency or statewide central
56 register of child abuse and maltreatment, whichever occurs earlier.
A. 7519--A 5
1 § 5. Paragraph (e) of subdivision 4 of section 510.10 of the criminal
2 procedure law, as amended by section 2 of part UU of chapter 56 of the
3 laws of 2020, is amended to read as follows:
4 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
5 the penal law, or a felony sex offense defined in section 70.80 of the
6 penal law, or a crime involving incest as defined in section 255.25,
7 255.26 or 255.27 of such law, or a misdemeanor defined in article one
8 hundred thirty of such law, or a felony defined in article two hundred
9 forty-six of such law;
10 § 6. Subparagraph (v) of paragraph (b) of subdivision 1 of section
11 530.20 of the criminal procedure law, as amended by section 3 of part UU
12 of chapter 56 of the laws of 2020, is amended to read as follows:
13 (v) a sex trafficking offense defined in section 230.34 or 230.34-a of
14 the penal law, or a felony sex offense defined in section 70.80 of the
15 penal law or a crime involving incest as defined in section 255.25,
16 255.26 or 255.27 of such law, or a misdemeanor defined in article one
17 hundred thirty of such law, or a felony defined in article two hundred
18 forty-six of such law;
19 § 7. Paragraph (m) of subdivision 4 of section 530.40 of the criminal
20 procedure law, as added by section 4 of part UU of chapter 56 of the
21 laws of 2020, is amended to read as follows:
22 (m) assault in the third degree as defined in section 120.00 of the
23 penal law or arson in the third degree as defined in section 150.10 of
24 the penal law, when such crime is charged as a hate crime as defined in
25 section 485.05 of the penal law, or a felony defined in article two
26 hundred forty-six of the penal law;
27 § 8. Subparagraph (i) of paragraph (a) of subdivision 2 of section
28 168-a of the correction law, as amended by chapter 189 of the laws of
29 2018, is amended to read as follows:
30 (i) a conviction of or a conviction for an attempt to commit any of
31 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
32 130.45, 130.60, 230.34, 230.34-a, 250.50, 255.25, 255.26 [and], 255.27,
33 246.20 and 246.25 or article two hundred sixty-three of the penal law,
34 or section 135.05, 135.10, 135.20 or 135.25 of such law relating to
35 kidnapping offenses, provided the victim of such kidnapping or related
36 offense is less than seventeen years old and the offender is not the
37 parent of the victim, or section 230.04, where the person patronized is
38 in fact less than seventeen years of age, 230.05, 230.06, 230.11,
39 230.12, 230.13, subdivision two of section 230.30, section 230.32,
40 230.33, or 230.34 of the penal law, or section 230.25 of the penal law
41 where the person prostituted is in fact less than seventeen years old,
42 or
43 § 9. Subparagraph (i) of paragraph (a) of subdivision 2 of section
44 168-a of the correction law, as amended by chapter 23 of the laws of
45 2024, is amended to read as follows:
46 (i) a conviction of or a conviction for an attempt to commit any of
47 the provisions of sections 120.70, 130.20, 130.25, 130.30, former
48 section 130.40, former section 130.45, sections 130.60, 230.34,
49 230.34-a, 250.50, 255.25, 255.26 [and], 255.27, 246.20 and 246.25 or
50 article two hundred sixty-three of the penal law, or section 135.05,
51 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses,
52 provided the victim of such kidnapping or related offense is less than
53 seventeen years old and the offender is not the parent of the victim, or
54 section 230.04, where the person patronized is in fact less than seven-
55 teen years of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
56 two of section 230.30, section 230.32, 230.33, or 230.34 of the penal
A. 7519--A 6
1 law, or section 230.25 of the penal law where the person prostituted is
2 in fact less than seventeen years old, or
3 § 10. Severability. If any provision of this article, or any applica-
4 tion of any provision of this article, is held to be invalid, that shall
5 not affect the validity or effectiveness of any other provision of this
6 act, or of any other application of any provision of this act, which can
7 be given effect without that provision or application; and to that end,
8 the provisions and applications of this act are severable.
9 § 11. This act shall take effect immediately; provided, however, that
10 the amendments to subdivision 2 of section 168-a of the correction law,
11 made by section nine of this act shall take effect on the same date and
12 in the same manner as section 32 of chapter 23 of the laws of 2024,
13 takes effect.
